Al Dhaifa v R [2024] NSWCCA 108

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Al Dhaifa v R [2024] NSWCCA 108 Hearing dates: 23 February 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Before: Garling J at [1] McNaughton J at [85] Weinstein J at [86] Decision: 1. Grant leave to appeal to the Applicant. 2. Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – Application for leave to appeal – Whether the sentencing Judge erred in finding aggravation by reason of the age of the victims – Whether the sentencing Judge erred in his consideration of the age of the victims – Whether the sentencing Judge erred in not giving reasons for finding aggravation. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney-General for NSW v DSF Constructions Pty Ltd [2019] NSWCCA 33 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 House v The King [1936] HCA 40; (1936) 55 CLR 499 Magoo v R [2020] NSWCCA 25 MRW v R [2011] NSWCCA 260 Mulato v R [2006] NSWCCA 282 PC v R [2022] NSWCCA 107; (2022) 108 NSWLR 181 Shannon v R [2006] NSWCCA 39 Texts Cited: Not Applicable Category: Principal judgment Parties: Mohamed Al Dhaifa (Applicant) The King Representation: Counsel: G Scragg (Applicant) S Traynor (Crown)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2019/295188 Publication restriction: 1. There is a statutory prohibition upon the publication of any information leading to the identification of the victims. 2. There is a suppression order on the name and identity of the applicant, and a pseudonym order with respect to his name. 3. Order, until further order, that the appellant be known by a pseudonym which is Mohammed Al Dhaifa. 4. Order that the name of the proceedings be changed so that the proceedings be referred to as Mohammed Al Dhaifa v R. 5. Order, until further order or a period of 50 years whichever is the sooner, pursuant to s 7 of the Court Suppression and Non‑Publication Orders Act 2010 (NSW), that the name and identity of the appellant be suppressed upon the ground that the order is necessary to prevent prejudice to the proper administration of justice. 6. Order that the order is to apply throughout the Commonwealth of Australia. Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 16 October 2020 Before: Zahra SC DCJ File Number(s): 2019/00295188